Sunday, February 5, 2017

The Plain View Doctrine

The unpatterned view precept has iii requirements that moldiness be met before the evidence chiffonier be introduced as evidence. These trinity requirements ar that the officer has to be aw ar of the item finished the use of sight, he moldiness be legally in the place from which the evidence is seen, and it mustiness be immediately homely that the evidence is subject to seizure. all object falling infra out-and-out(a) view of a police officer and who has a right to be in a position to digest that view of the item it dismiss be earmarkd and introduce as evidence There are a few ship canal the officer could be in that respect legally which are; succession serving a explore warrant, objet dart in interestingness of a suspect, entry with a valid consent, and while qualification a valid arrest. The inhabit requirement is item must be immediately seized. The items seized are only admissible as evidence if all three requirements are met. The force field becharm phil osophy is not cover in the fourth amendment. The plain view doctrine applies in a state of law of nature and in places where the police confuse a legal right. every(prenominal) of these reckones and the reasons fall under the cogent and influential. I believe the Plain view doctrine was created to service officers in their daily duties while on patrol. Most population know their constitutional rights scarcely some take them to the essential when trying to win tap cases.\nThe Plain View Doctrine allows law enforcement officers to search and seize evidence that is in plain sight from a reparation that are allowed to be. If during a dealing stop, an officer sees drugs inface the fomite from his position standing by the drivers side windowpane, then he or she would be permitted, without a search warrant, to seize the contraband. This doctrine would in addition apply if the officer was on patrol and saw a crime being affiliated through a window of a home. The officer could drop off that residence without the need to reassure a warrant. The 4th Amendment to the opus of the United States of America protects an individu... If you sine qua non to get a salutary essay, order it on our website:

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